A Couple Of Questions From A Newbie

[Ben_1981]

I have just added up my total smile charges for just over a year due to my work forgetting to pay in my wages for 1 month and just when i thought they were over i've just been slammed again!!

 

I have a couple of questions i was wondering if anyone can answer for me?

 

Have smile ever refused to pay out and have they chosen to court with anyone?

 

How long do they take to pay out?

 

Where can i find the spread sheet to use?

 

Cheers in advance,

 

Ben

[stitcherbaker]

Hi have you read around the site yet? I would recommend that. Also you need to read the faqs otherwise the mods get mad (only kidding ) as to whether smile pay out cant help you sorry.

[jimfishybob]

1/ No

 

2/Depends, they used to be quite quick, (i.e. at LBA stage), but seem to be digging their heels in a bit now, expect to issue court papers.

 

3/ Here:- http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[stitcherbaker]

Hi I think the majority of the banks now are digging in heels and court papers are generally issued a lot of the time if not all.

[tamadus]

Smile have just settled my claim within 6 days of sending the LBA, so in some cases they are still being quick. It probably depends on where your claim falls in the pile

 

Be warned though they have started to close accounts when court claims have been issued. Although not yet where a claim has been settled before MCOL.

 

No bank has yet appeared in court, most settle as their defence to a claim.

 

Also Ben as a newbie read the FAQ's and as many posts as you can to get familiar with the site and the proceedures.

[Ben_1981]

Hi I think the majority of the banks now are digging in heels and court papers are generally issued a lot of the time if not all.

 

Well my letter arrived today just have to wait and see now. I hope i don't have to issue court papers because i live outside the UK and it might end up more expensive than i can afford or can i issue court papers locally and make them come to me if it has to go that far?

[caro]

Hi I think the majority of the banks now are digging in heels and court papers are generally issued a lot of the time if not all.

 

But not with smile who are just inundated and can't keep up. Tamadus is proof that smile still pay up without the need to resort to court a lot of the time.

[tamadus]

I got the settlement letter 6 days after I posted the LBA so they are still seeing sense and paying out on claims. I'm guessing but they probably have some very busy spells and just keep keep up with the workload, and some people have to issue claims because they exceed the aloowed tomes.

[tamadus]

Well my letter arrived today just have to wait and see now. I hope i don't have to issue court papers because i live outside the UK and it might end up more expensive than i can afford or can i issue court papers locally and make them come to me if it has to go that far?

 

You will need an address within England or Wales, and if it does go to court hearings your going to have to attend (or have somebody represent you) in this country, you can't expect the court to come to another country, besides it wont have any jurisdiction outside England or Wales.

[caro]

MCOL could be used for the claim itself if you have an address that you could use. Maybe c/o a relative.

[stitcherbaker]

Also if you are on certain benefits you dont pay the court fees in england might apply to you as well ?

[Ben_1981]

Not on any benefits, but ive just received a letter from smile dated the 20th it's the fastest reply i've ever had and it reads....

 

Dear Mr Read

 

I'm sorry you've felt the need to make a complaint. This is just to say that we'll be looking into it and a member of our Complaints Team will get back to you with a full response. This will be by phone, secure message or return letter.

 

However, as we are regulated by the Financial Services Authority i do need to make you aware of our complaints procedure.

 

If you go to our website at Redirecting to Smile Production Site, click on "talk to us", complaints is in the left hand menu. Here you'll find our full procedure.

 

Yours sincerely

 

Carol Roberts

Smile Complaints Team

 

Is this a standard letter and are they trying to confuse me or is this acceptance/ confirmation of the Letter - Preliminary approach for repayment?

[tamadus]

Not on any benefits, but ive just received a letter from smile dated the 20th it's the fastest reply i've ever had and it reads....

 

Dear Mr Read

 

I'm sorry you've felt the need to make a complaint. This is just to say that we'll be looking into it and a member of our Complaints Team will get back to you with a full response. This will be by phone, secure message or return letter.

 

However, as we are regulated by the Financial Services Authority i do need to make you aware of our complaints procedure.

 

If you go to our website at Redirecting to Smile Production Site, click on "talk to us", complaints is in the left hand menu. Here you'll find our full procedure.

 

Yours sincerely

 

Carol Roberts

Smile Complaints Team

 

Is this a standard letter and are they trying to confuse me or is this acceptance/ confirmation of the Letter - Preliminary approach for repayment?

 

Thats their standard acknowledgement letter, I don't know how much your claim is for but if you give them 2-3 weeks as I did then send an LBAyou may be surprised. I know I was

 

Generally they are one of the better banks to deal with and claim against,

[andyhargreaves]

The time factor seems to be a bit random with Smile. 4 weeks after my LBA I was getting ready for MCOL this week, and I checked the account to look if they'd charged this month, and was amazed to see they'd payed up! I was so late with MCOL because real life took over a bit the past few weeks. I am actually wondering if they are still trtying to pay up when LBA is sent but are genuinely snowed under with such requests. If so, it is costing them money when it goes to MCOL and they have to pay up the interest and court fees as well, they should employ some more staff...

 

Good luck, anyway!

 

Andy

[Ben_1981]

Just received a call from smile saying they have received my letter but I forgot to post the attachments with the letter please could i send it again!!? So they can act upon my letter, what do i do now?

I did send the attachments BTW.

[Ben_1981]

Maybe im wrong or impatient but i have just sent this as a secure message to smile. Please let me know what you think.

 

Further to your telephone conversation of 23rd November 2006 I write to advise you that if you have received my original letter then you must have received my schedule as this was stapled to it.

 

Therefore I would advise you that there are now 5 days left to comply with my request as outlined in my letter.

[caro]

Maybe they just got detached. I don't see the harm in sending copies and it would make you look more reasonable in court if it came to it. Stick to the deadline though.

[tamadus]

Maybe they just got detached. I don't see the harm in sending copies and it would make you look more reasonable in court if it came to it. Stick to the deadline though.

 

I fully agree with Caro here, send the schedule again (by secure message if you want to) I think you may be pleasantly surprised

[Ben_1981]

I fully agree with Caro here, send the schedule again (by secure message if you want to) I think you may be pleasantly surprised

 

Ok i'll do it. I just found it funny that the letter has been with them for a week now, i had a reply a couple of days after sending it now this- just being suspicious i guess.

[tamadus]

My guess is the letters have crossed in the post as they so often do. Most of the time your lucky to get a reply inside a week. I know we advise and we really should stick to the timetable we have set but sometimes it's better to be a little lenient with them.

 

I admit I didn't send the LBA for about 3 weeks after I first sent my prelim, but they responded very quickly when I did send it by making full settlement.

[Ben_1981]

i've just tried sending it via secure message but i says i have to take out all the !"£$%^&*()?/ before i can be sent does anyone know how to get round this or have an e-mail address i can send it to?

[stitcherbaker]

If its just the sumbols surely they would be able to understand if you left them out ? Well maybe not it is the banks we are talking about. lol but you could try that or just post it again or if you can get a fax number to send it to that might help or can you scan it in via word and try resending it that way instead of sending them the excel spreadsheet ? dunno if these will work good luck

[Ben_1981]

Just printed LBA, no further response or money from my first letter. If my claim is sucessful can i claim a second time?

[ukaviator]

If you have had more charges since then yes. Start it again.If you have'nt got to the court stage yet, just add them to your existing claim and notify them with a new / updated schedule of charges.

 

Uk. .